Judicial Affidavit Final Draft

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES

THIRD JUDICIAL REGION
BRANCH 23
CABANATUAN CITY
THE PEOPLE OF THE

PHILIPPINES,
Plaintiff,
- versus - CRIM. CASE NO.1352414

For: Violation of B.P Bilang 22
and ESTAFA
Sps. Mark Tan and Lilian Tan

Accused.
x- - - - - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
I, Marian Dizon, of legal age, with residence at Sta. Rosa, Nueva

Ecija and can be served notices through my counsel’s address at Unit 1 QCG
Building, Mabini Ext. Cabanatuan City hereby under oath state that:
PRELIMINARY STATEMENT
1. I was examined by Atty. Gerard Quijano with office address

at Quijano Cogay Galvez Law Firm located at Unit 1 QCG Building,
Mabini Ext. Cabanatuan City. This examination was held at the
same address.
2. I answered the examining lawyer’s questions truthfully, fully

conscious that I do so under oath and I am fully aware that I may be
criminally liable for false testimony and perjury.
COUNSEL’S MANIFESTATION: This Judicial Affidavit of

Marian Dizon is executed to serve as her direct testimony in the instant case
and is being offered to prove and establish the following:
3.1 She is the complainant in this case;
3.2 She had a transaction with Mr. Mark Tan wherein she sold
several cavans of palay and in exchange of such Mr. Mark Tan issued BDO
Check No. 12345 dated April 5, 2020, under the account of Ms. Lilian Tan,
in the amount of Php 500,000.00 which were dishonored by the drawee
bank when presented for payment, thereafter a notice of dishonor and
demand for payment was sent to the accused but despite receipt failed to pay
his obligation;
3.3 Due to the his failure to make good of the check and settle his
obligation, thus causing prejudice and damage to the Complainant;
3.4 To prove all other material allegations set forth in the

Complaint;
3.5 To identify documents in support of her testimony and will

testify on other related matters.
The following questions were propounded by Atty. Monique B.

Galvezand these questions are numbered consecutively and each question is
followed by the answer of the witness.
QUESTIONS AND ANSWERS

IN LIEU OF ORAL TESTIMONY
1. Question: Good morning. Can you please state your name, age and
other personal circumstances?
Answer: I am Marian Dizon, 35 years old, a businesswoman and a
resident of Sta. Rosa, Nueva Ecija.
2. Question: What is the nature of your business?

Answer: I am engaged in selling of Palay.
3. Question: Are you the same Marian Dizon, the private complainant in
this case?
Answer: Yes sir.
4. Question: Do you personally know the accused Mr. Mark Tan and
Mrs. Lilian Tan?
Answer: No sir. Mr. Mark Tan was only introduced to me by my
trusted friend, BETH CRUZ, as one of the buyer of my palay
which took place on April 5, 2020. It was only on that very same day
of the transaction that I personally meet Mr. Mark Tan.
5. Question: What do you know about the relationship of BETH CRYZ

and the accused?
Answer: I do not have knowledge as to how they are related to each
other sir.
6. Question: What transaction did you have with him?

Answer: I sold him several cavans of palay
7. Question: How much was the agreed price of the sale of the said
cavans of palay?
Answer: The agreed price is Php 500,000.00.
8. Question: Did you made a written contract of sale on the selling of

cavans of palay?
Answer: No sir. We just entered into an oral contract of sale of my
goods sir, wherein I parted him cavans of rice worth P500,000. As a
consideration for such, he issued me a postdated check covering the
said amount sir in the account name of Lilian Tan, spouse of Mark
Tan.
9. Question: Do you have proof of your transaction, if there is any?

Answer: I have here a copy of the notebook which contains the
number of cavans of palay sold and the purchase price with our
signature.
(Witness presented and identified copy of the written note dated April
5, 2020 which was marked during the Pre-trial as Exhibit “A”)
10. Question: Did anyone witness the transaction?

Answer: Yes sir. My katiwala, Mr. Bert Santos witnessed it.
11. Question: Is this the check you’re talking about?

Answer: Yes sir. That was the check I’m referring to.
(Witness identified BDO Check No. 12345 dated April 5, 2020 with
amount of Php 500,000.00 which was marked during the Pre-trial as
EXHIBIT “B”
12. Question: To whose account was the check registered?

Answer: It is registered under the account name of LILIAN TAN,
which Mr. Mark Tan told me that said person is his wife.
13. Question: Did you ask why was it not registered under Mark’s name
upon its issuance? What did Mark Tan told you when he issued the
check?
Answer:Yes sir. He said that his wife is the Treasurer of their family,
the reason why the check is under Lilian Tan’s Account Name. I have
reposed my trust and confidence in the transaction since he was
introduced to me by my friend BETH CRUZ. He told me that the
check had a sufficient amount sir to cover the consideration of the
sale.
14. Question: What happened next upon the presentation of check at the
BDO?
Answer: I presented the BDO Check No. 12345 dated April 5, 2020
at BDO Sta. Rosa Branch on April 24, 2020 and it was dishonored by
the bank because the account was already closed.
15. Question: Did you inform Mark Tan about it and how?
Answer: Yes sir. I went at Mark Tan given address many times to
demand payment since the check was dishonored. However, I was not
able to talk to him because it seems that he is avoiding me. I also tried
to connect with Beth Cruz to ask but she also cannot be reached.
16. Question: What did you do, after series of demand?

Answer: I asked the assistance of a lawyer to notify them that the
check was dishonored and to demand payment through a letter.
17. Question: What is you proof, if there is any?

Answer: I have here the copy of the notice of dishonor and demand
letter sent via registered mail sent to their address and the registry
receipt thereof.
(Witness presented and identified a letter dated September 4, 2020

which was marked during the Pre-trial as Exhibit “C” and one (1)
registry receipt which were marked during the Pre-trial as Exhibit
“D”.)
18. Question: What happened next, if there is any?

Answer: The obligation is still not settled because they failed to pay
me.
19. Question: Did you suffer great loss as a result of this transaction?
Answer: Yes sir. Especially this time of Pandemic. I was expecting
that the payment be settled since it’s for the school expenses of my
children.
20. Question: What happened to your business then?

Answer: We still continue our business but we had a hard time to
recover such huge amount.
21. Question: Why did you file a case now?
Answer: I file this case in order to demand reimbursement, and to
protect my rights under the law.
22. Question: What do you want this Honorable Court do with respect to
the case you filed against the accused?
Answer: I am praying that the accused be penalized accordingly and
the amount of the bounced checks be wholly returned to me.
IN WITNESS WHEREOF, I have hereunto affixed my signature below this

judicial affidavit this September 14, 2020 hereat Cabanatuan City.
MARIAN DIZON
Affiant
ID No. VIN-0001-1234567MD-001
SUBSCRIBED AND SWORN to before me this 14th day of September

2020 at Cabanatuan City, Philippines
Administering Officer/Notary Public
ATTY. MONIQUE GALVEZ

Roll No. 54579-2006
IBP No. 808797-1/3/12
MC LE Compliance III No. 0013821
Issued on April 22, 2018
Doc No. ___117_;

Page No. __12__;
Book No. __4___;
Series of 2020.
ATTESTATION CLAUSE
I, Atty. Gerald Quijano, after being duly sworn to in accordance

with law, hereby attest under oath that:
1. I am the lawyer who conducted the examination of witness in the

above Judicial Affidavit.
2. I faithfully recorded the questions propounded and the

corresponding answers given by the witness Marian Dizon. I duly
Interpreted the questions I asked in the Tagalog dialect which the
witness understands and she provided the answers the best way she
could which were duly translated by me in the ENGLISH Language.
3. I did not in any way coach or taught or instruct the witness on how
to answer or any other person or persons then present or assisting the
witness regarding the latter’s answers.
ATTY. GERALD QUIJANO

Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of

September, 2020 hereat Cabanatuan City. Affiant exhibited to me his IBP
Identification Card with Roll No. 51379-2006.
Administering Officer/Notary Public
ATTY. MONIQUE GALVEZ

Roll No. 54579-2006
IBP No. 808797-1/3/12
MC LE Compliance III No. 0013821
Issued on April 22, 2018
Doc. No. 118_;
Page No. _12__;
Book No. _4___
Series of 2020

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What is the nature of Marian Dizon's business?

What is the nature of Marian Dizon's business?

What was the agreed upon price for the sale of palay between Marian Dizon and Mark Tan?

What was the agreed upon price for the sale of palay between Marian Dizon and Mark Tan?

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

THE PEOPLE OF THE

- versus - CRIM. CASE NO.1352414

Sps. Mark Tan and Lilian Tan

I, Marian Dizon, of legal age, with residence at Sta. Rosa, Nueva

1. I was examined by Atty. Gerard Quijano with office address

2. I answered the examining lawyer’s questions truthfully, fully

COUNSEL’S MANIFESTATION: This Judicial Affidavit of

3.1 She is the complainant in this case;

3.4 To prove all other material allegations set forth in the

3.5 To identify documents in support of her testimony and will

The following questions were propounded by Atty. Monique B.

QUESTIONS AND ANSWERS

2. Question: What is the nature of your business?

5. Question: What do you know about the relationship of BETH CRYZ

6. Question: What transaction did you have with him?

8. Question: Did you made a written contract of sale on the selling of

9. Question: Do you have proof of your transaction, if there is any?

10. Question: Did anyone witness the transaction?

11. Question: Is this the check you’re talking about?

12. Question: To whose account was the check registered?

16. Question: What did you do, after series of demand?

17. Question: What is you proof, if there is any?

(Witness presented and identified a letter dated September 4, 2020

18. Question: What happened next, if there is any?

20. Question: What happened to your business then?

IN WITNESS WHEREOF, I have hereunto affixed my signature below this

SUBSCRIBED AND SWORN to before me this 14th day of September

Administering Officer/Notary Public

ATTY. MONIQUE GALVEZ

Doc No. ___117_;

I, Atty. Gerald Quijano, after being duly sworn to in accordance

1. I am the lawyer who conducted the examination of witness in the

2. I faithfully recorded the questions propounded and the

ATTY. GERALD QUIJANO

SUBSCRIBED AND SWORN TO before me this 14th day of

Administering Officer/Notary Public

ATTY. MONIQUE GALVEZ

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